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According to Iowa’s criminal code, assaults in the state are defined as any acts actually causing physical harm, as well as threats of physical harm causing imminent fear, or using a dangerous or deadly weapon in a threatening manner. Iowa simply defines assault in Section 708.1 of the state criminal code, and in section 708.2, outlines a schedule of penalties applicable based on elements of the assault crime, including the extent of physical harms caused and the method of assault. According to a meta analysis compiled by Uniform Crime Reports on violent crime, there were 6,315 aggravated assaults reported in Iowa in 2009, a marginal drop from the previous two years.
|
Charge |
Classification |
Penalty |
|
Simple assault |
Simple misdemeanor |
Incarceration not to exceed thirty (30) days, with fines of at least $50, but not more than $500 |
|
Assault, intent of serious injury |
Aggravated misdemeanor |
Incarceration not to exceed two (2) years, with fines of at least $500, but not more than $5,000 |
|
Assault, bodily injury |
Serious misdemeanor |
Incarceration of not more than one (1) year, with fines of at least $250, but not to exceed $1,500 |
|
Assault |
Class D felony |
Incarceration not to exceed five (5) years, with fines of at least $750, but not more than $7,500 |
|
Assault |
Class C felony |
Incarceration of not more than ten (10) years, with fines of at least $1,000, but not to exceed $10,000 |
Plea options will vary in Iowa based on the nature of the assault offense. However, the ideal plea option will be one that reduces the assault charge faced into a lesser offense, carrying lesser penalties and possibly, avoiding a felony or aggravated misdemeanor conviction. In most instances, assault sentences are entitled to suspension, pending the decision of the courts. However, the case-specific nature of each case, and in turn, whether legal counsel is involved in the plea process from the beginning, is essential.
To learn more about your legal rights and options in a pending aggravated assault case in Iowa, it is imperative you consult with an Iowa aggravated assault lawyer. With the insight of dedicated legal counsel, a defendant can analyze the case-specific elements of the charges and arrest, and in turn, identify relatively weak areas of the prosecution’s case in an attempt to obtain any one of the aforementioned types of favorable plea options. However, this will only be possible via representation by a lawyer.
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